The Commonwealth of Massachusetts

William Francis Galvin, Secretary of the Commonwealth

Public Records Division
Shawn A. Williams

Supervisor ofRecords

December 18,2015

SPRlS/811
Ms. Theresa Finnegan, Esq.
Staff Attorney
Hampden County Sheriff's Department
627 Randall Road
Ludlow, MA 01056-1079
Dear Attorney Finnegan:
I have received the petition of Shawn P. Allyn, Esq. of Allyn & Ball, P.C. appealing the
response of the Hampden County Sheriff's Department (Department) to his request for public
records. G. L. c. 66 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Allyn
requested:
1. The total dollar amount in the Inmate Account and all sub-accounts for the past
twenty-four months,
2. List of all expenditures from the Inmate Account for the past twenty-four months,
3. List of all attorneys, lay person, or any other individual receiving payment from the
Inmate Account and sub-accounts for the past thirty-six months,
4. Accounting of the Sunshine Account for the past thirty-six months, and
5. A list of any payment made to any person, entity, law firm or any other being from
the Sunshine Account for the past thirty-six months.
The Public Records Law strongly favors disclosure by creating a presumption that all
governmental records are public records. G. L. c. 66, 10(c); 950 C.M.R. 32.08(4). "Public
records" is broadly defined to include all documentary materials or data, regardless of physical
form or characteristics, made or received by any officer or employee of any town of the
Commonwealth, unless falling within a statutory exemption. G. L. c. 4, 7(26).

It is the burden of the records custodian to demonstrate the application of an exemption in

order to withhold a requested record. G. L. c. 66, 10(c); see also District Attorney for the
Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the
applicability of an exemption).

OneAshburton Place, Room 1719, Boston, Massachusetts 02108 (617) 727-2832 Fax (617) 727-5914
www.sec.state.ma. us/ pre

Ms. Theresa Finnegan, Esq.

Page Two
December 18, 2015

SPR15/811

Requests 1, 4 and 5 satisfied

In a telephone conversation on December 15, 2015 you explained that the Department
has provided records responsive to Requests 1, 4 and 5. You further explained that with respect
to Request 5 Attorney Allen was not satisfied with the record provided. In an October 13, 2015
email to Attorney Allyn you stated that he could "come view the [bank] statements [associated
with the Family Sunshine Fund], or [the Department] can go through them and have them copied
at [Attorney Allyn's] expense." It is my understanding you have received no additional
communication from Attorney Allyn on your offer with respect to Request 5. Whereas the
Department has provided records responsive to Request 1, 4 and 5, and has further offered to
provide additional information, I will consider this portion of Attorney Allyn's appeal closed.

Request 2
With respect to Request 2 and 3, the Department withheld responsive records, citing the
privacy exemption to the Public Records Law. G. L. c. 4, 7 (26) (c). In your October 5, 2015
response to Attorney Allyn you explained that inmate accounts in the Department contain funds
deposited and withdrawn by individual inmates. To support your exemption claim you explain:
The amount of money that inmates maintain in their accounts and what they
choose to purchase with it is private and personal. [The Department does] not
even disclose such information to family members of inmates due to concerns for
inmate privacy. Additionally, there is no public interest to be furthered by
disclosing details related to the inmates personal accounts. Their accounts contain
money belonging to them, not tax-payer money, and they are free to spend their
money without sharing the details of what they spend it on with the public. Such
accounts are akin to private bank accounts.
The second clause of Exemption (c) speaks directly to unwarranted invasions of personal
privacy. An individual is entitled to privacy with respect to personal associations. How an
individual inmate manages his or her funds contained in a Department-managed bank account is
such an intimate detail. Further, the Department has stated in writing, and confirmed in a
telephone conversation on December 15, 2015 that no tax-payer funds are found in the inmate
accounts; the funds consist solely of the personal funds of each inmate. Accordingly, I find the
Department acted within its discretion in withholding records responsive to Request 2.

Ms. Theresa Finnegan, Esq.

Page Three
December 18, 2015

SPR15/811

Request 3

In your written responses and during our telephone conversation on December 15, 2015
you expressed confusion with respect to Request 3. Your inference is that Attorney Allyn seeks
records associated with payments made from inmate funds to Department employees. You
stated that if this is the request, the response would be that there are no responsive records.
Conclusion

I find the Department has provided responsive records with respect to Requests 1, 4 and
5. I further find that the Department has met its burden of specificity with respect to information
responsive to Request 2. Finally, the Department has stated it has o records responsive to
Request 3.

cc: Shawn P. Allyn, Esq.